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Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... has been held that: "The provision of section 12 will come into play only when the compensation in not paid to the persons interested or not kept in a deposit account in the Public Account of the Republic under sub-section (1) of section 10. Under section 12 no obligation as such, is placed on t......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

....sent: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Atiar Rahman and others…........................................................Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and othersâ€...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: | Hits: 104

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....te — For Respondent No. 3. Criminal Appeal No. 8071 of 2006. Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order date......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..

Category: Civil Law | Date: | Hits: 93

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......untries, it was decided to phase out all single-hull oil tankers by the year 2010 and, as has been found, the phased-out vessels find their way to the shipbreaking yards of Asia, in particular India, Pakistan, Bangladesh and China. We have already mentioned that the Ocean Liner S.S. Norway was previ..

Category: Environmental Law | Date: | Hits: 688

Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Faroque Reza………………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3,......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..

Category: Civil Law | Date: | Hits: 74

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....his Court as well as of our Apex Court came to a conclusion that unless or until the Parliament amended the law or a person can show that any pro­vision of law is ultra vires the Constitution of the Republic, this Court cannot strike down or interpret a specific law in a different manner………â€....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......nk, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, Advocates -..

Category: Civil Law | Date: | Hits: 106

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......f, is that the suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the land; that at that time the father of the p..

Category: Procedural Law | Date: | Hits: 114

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

.... Riaz Uddin Khan, Advocate - For the respondent No.4. Writ Petition No.3023 of 2010. Judgment Md. Delwar Hossain J.- Upon an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued on 04.5.2010 calling upon the respondents to show c......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ..

Category: Election Law | Date: | Hits: 600

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....ision (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result:......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ing and reflective on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....Advocate - For the respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.200......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......d for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee. 3. The case of the plaintiff is that he joined the then West Pakistan Water and Power Development Board on 15.12.1961 as Regulator Khalashi and on attaining the ..

Category: Employment/Service Law | Date: | Hits: 166

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......˜Ka’ schedule i.e. 4.61 acres of land were possessed by the previous tenants and after their death, their heirs while in possession and during riot of 1948 it was not possible for them to reside at Pakistan, they entered into an oral agreement with the plaintiff for selling ‘ga’ schedule land ..

Category: Property Law | Date: | Hits: 83

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....spection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tenders separate agreements were entered into between the Government of the People's Republic of Bangladesh represented by the Secretary Ministry of Finance, Internal Resources Division......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... High Court Division (Civil) Present: AK Badrul Huq J Tabibullah being dead his legal heirs Fatima Begum and others…………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Bangl......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ..

Category: Property Law | Date: | Hits: 82

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....ult: The Rule is discharged without any order as to cost. The Constitution of Bangladesh, 1972, Articles 102 and 117 Any violation of terms and conditions of any person in the service of the Republic requires him to take recourse to the specific remedy provided in Article 117 of the Constit......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....tion) Present: Md. Imman Ali J Md. Emdadul Huq J Abdul Kader Bhuiyan and 17 others ………………………Petitioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respondents Judgment June 4,...... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....ng the Mayors of respective City Corporations since they are allegedly holding "office of profit" which has resulted in filing this Writ Petition under Article 102 of the Constitution of the People's Republic of Bangladesh. 4. In Writ Petition No. 9320 of 2008 the petitioner is the elected Mayor ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..

Category: Constitutional Law | Date: | Hits: 466

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......, 4 BLC 195; Md. Abdur Rahira Vs. Sree Sree Gredhari Jeo, 27 DLR 72; ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 48 DLR (AD) 141; Ram Chandra Arya Vs. Man Singh, AIR 1968 (SC) 954; Province of East Pakistan Vs. Haji Muslimullah, 20 DLR 262; Wali Vs. Manish Ali, 17 DLR (SC) 536; Master Abdul Aziz V..

Category: Procedural Law | Date: | Hits: 137